- (1.) Present Regular Second Appeal is directed against the concurrent findings of both the Courts below, whereby suit for confirmation of possession by way of specific performance of agreement of sale dated 29.11.2002 was decreed by the Court of first Instance vide judgment and decree dated 13.4.2011. The appeal filed by the defendants [appellants herein] was dismissed by learned Additional District Judge, Hoshiarpur vide judgment and decree dated 9.3.2015.
(2.) For the sake of convenience, parties are being referred to as per their status before the Court of first Instance.
(3.) Relevant facts of the case for the purpose of decision of this appeal; that defendants No.1 and 2 being owner of the suit land entered into an agreement of sale dated 19.11.2002 of suit land. The total sale consideration was fixed to be Rs. .10,25,000/- and a sum of Rs. 9,50,000/- was paid as earnest money and the balance payment of Rs. 75,000/- was to be made at the time of execution of the sale deed. The possession of the land was delivered to the plaintiff, and the target date was fixed as 30.06.2003. On the date fixed, the plaintiff remained present in the office of Sub Registrar with balance sale consideration, but the defendants did not turn up and the plaintiff got his presence marked in the office of Sub Registrar and thereafter filed the present suit for specific performance of agreement of sale.;